Morris Law Firm, P.A.

If you believe that your probation officer will sign an affidavit alleging that you violated probation in Pinellas County, contact a criminal defense attorney at the Morris Law Firm. Attorney Melinda Morris is experienced in representing individuals charged with misdemeanor and felony probation violations throughout St. Petersburg and Clearwater in Pinellas County, Florida.

Attorney for Violation of Probation in Pinellas County

In many violation of probation cases your criminal defense attorney can act on your behalf to minimize the consequences. Your VOP attorney can contact your probation officer to ask for additional time to come into compliance with all special terms and conditions of probation. If a new offense (either a misdemeanor or a felony) is alleged, your Pinellas VOP lawyer can defend you on that charge to avoid any finding of guilt.

Avoiding Jail Time After a Pinellas County VOP

In certain VOP cases in Pinellas County your attorney can file a "motion to surrender" which allows you to walk into the courtroom with your attorney to ask the judge to withdraw the warrant or grant a reasonable bond. Alternatively, your attorney can ask the court to set a reasonable bond at your first appearance after you turn yourself in on the VOP warrant at the Pinellas County Detention Center.

Types of Probation Violations in Pinellas County, FL

A violation of probation can occur if you fail to comply with any special condition of your probation including paying fines or court costs, performing community service, completing DUI school or a driving class, failing a random urine screen testing for marijuana or another controlled substance, or any arrest or citation for a new criminal offense.

Your violation of probation attorney can work with you to come into compliance before any warrant is issued. After the warrant is issued, your attorney can defend you at the VOP hearing or present mitigating evidence at a sentencing hearing so you can fight for the best possible result. 
 




Visit our main website to find out more about how we defend our clients. Contact a Pinellas County violation of probation attorney at the Morris Law Firm today by calling 727-388-4736.

St. Petersburg DUI Attorney, Melinda Morris, represents individuals charged with DUI causing property damage throughout Pinellas County, including St. Petersburg and Clearwater, FL. Even non-serious personal injury DUI cases can lead to an enhanced penalties with a maximum of 12 months in the Pinellas County Jail (whereas a first DUI without any property damage or personal injury is punishable with only six (6) months in jail).

DUI with Property Damage in St. Petersburg or Clearwater for Pinellas County

The elements of a DUI with property damage charge under Florida law including three elements which the prosecutor with the State Attorney's Office must prove beyond all reasonable doubt:

• The individual arrested either drove a vehicle or was in "actual physical control" of the vehicle;

• The individual arrested either caused or contributed to causing property damage or a non-serious injury to another as a result of operating the vehicle;

• During the time that the individual drove the vehicle, the person had a breath or blood alcohol level that was .08 or more grams of alcohol per 210 liters of breath or 100 milliliters of blood OR the individual was under the influence of alcohol or a controlled substance to the extent his normal faculties were impaired.

The standard Florida DUI jury instructions generally define the term "normal faculties" as being able to normally perform the many physical and mental tasks of our daily lives including the ability to talk, walk, see, judge distances, drive a vehicle, make judgments and act in emergencies.

Attorney in Pinellas County, Florida for DUI with Property Damage Cases

After an arrest for DUI with property damage in Clearwater or St. Petersburg, Florida, contact an drunk driving defense attorney at the Morris Law Firm or visit our main website for more information.

Click here to read our blog about DUI Refusal in Pinellas County.

Visit our main website to learn more about defending individuals charged with drunk driving from a St. Peterburg DUI Attorney.

St. Petersburg Criminal Defense Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the next steps to take after a DUI Refusal in St. Petersburg, Pinellas County Florida.

If you are pulled over for a DUI traffic stop in St. Petersburg, Clearwater, or anywhere in the Pinellas County (Tampa Bay) area you have a choice whether or not to submit to Field Sobriety Tests and a Breathalyzer test (sometimes referred to as a chemical test).  No driver is required to take the tests under Florida law despite what an officer may say or imply during a traffic stop.  Your choice to refuse DUI field sobriety tests and a breathalyzer test can have a significant impact on your case.

Why This Matters To You:

The State of Florida (and specifically the Department of Motor Vehicles) considers driving to be a privilege, not a right.  Thus, if you are stopped for DUI and refuse Field Sobriety Tests (FSTs) and/or a Breathalyzer test, and are ultimately arrested for DUI (based on the arresting officer's suspicion), the Department of Motor Vehicles (DMV) will automatically suspend your license for at least 90 days after which you may be able to apply for a hardship license.  Even if you are not ultimately convicted, the DMV will still suspend your license, and may potentially extend the suspension based on your refusal to submit to DUI testing.

On the other hand, your refusal takes away the prosecutor's potential evidence against you in the DUI case.  Without field sobriety test evidence (which is in most cases videotaped and presented in court) and breathalyzer evidence of your impairment, the State Attorney's Office is forced to prove that you were impaired to drive beyond a reasonable doubt.   In many cases, the lack of empirical evidence of your impairment improves the ability to defend and ultimately win your case.

Based on a DUI refusal there are several potential defenses in your DUI case:

1. Driving - being intoxicated will not classify a DUI charge; the prosecutor must be able to prove the defendant was actually driving. This may be challenging, especially when accidents are involved.
2. Probable Cause - proof will be inhibited if the law enforcer did not have legal cause to halt, impede, and detain.
3. Miranda - convicting declarations may be inhibited if restraints were failed to be mentioned at the proper time.
4. Implied Consent Warnings - if the law enforcer did not warn you of the penalties of declining to take a chemical test, or gave it inaccurately, this may affect acceptability of the test results -- as with the license suspension obliged by the motor vehicle division.
5. Illegal Stop – if the law enforcement officer did not have a legal reason to stop you in the first place.

What To Do Next:

If You Are Pulled Over for (DUI), Driving Under the Influence in Florida:

1. Refuse any Field Sobriety Tests (FSTs) and/or Breathalyzer tests (know and fully understand the consequences of this action on your driver's license noted above). Also understand that a second refusal to submit to a chemical test may result in an additional charge for a first degree misdemeanor offense.
2. Don't speak to the police - ask to have an attorney present.
3. Don't give a written statement – again, ask to have an attorney present.
4. Contact an attorney immediately.

You only have TEN (10) DAYS after your DUI arrest to file a motion to challenge the administrative suspension of your license.  Hire an St. Petersburg DUI attorney at the Morris Law Firm. We will aggressively fight your administrative suspension and the criminal case. For most people arrested for DUI the suspension of their driver license is one of their biggest concerns.  You must act within ten (10) days of your arrest to challenge this administrative suspension.

If you have been arrested for DUI Offenses St. Petersburg, Pinellas County, FL, contact a criminal defense attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.